USA > Oklahoma > A history of the state of Oklahoma, Volume I > Part 60
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HISTORY OF THE STATE OF OKLAHOMA
tories are in the basement of Science Hall, the biological laboratories occupy the first floor of the building and the geological laboratories are on the upper floor, while the museum of natural history is on the second floor.
The university, which is now attended by about 500 students, is under the control of a board of regents consisting of the gov- ernor of Oklahoma, ex officio, and five members appointed by him. It has an effi- cient faculty and is well equipped for a university of such comparative youth. It is supported partly from the general rev- enues, as determined by the legislature, and from lands set aside by Congress in what were known as the Cherokee Outlet and the Kiowa, Comanche and Wichita reser- vations. The lands so reserved and leased for the benefit of the university bring an income of about $9,000 annually. In addi- tion to the above lands the statehood bill, approved June 16, 1906, granted to. the university 200,000 acres of land to be taken from any public tracts within the territory remaining unfiled on as homesteads at that date. The total value of lands belonging to the university is estimated at $3,670,000. By a bill passed during the second session of the fifty-ninth Congress the university was granted an entire section in Cleveland county, one mile west of the present cam- pus, for the purpose of enlarging the grounds. It is planned to sell as much of this tract as possible in order to buy land immediately adjoining the campus, and it is predicted that, before many years the grounds of the State University of Okla- homa will be among the most imposing and attractive of any educational institution in the west.
The territorial legislature of 1891 had passed a bill providing for the establish- ment of a university, according to which
the city of Norman donated to the terri- torial government ten thousand dollars and forty acres of land in 1892, and in the following year it was fairly established and the main building opened in the fall (1893). David Ross Boyd was selected as the first president of the university, and to him belongs the principal credit for its or- ganization. Under President Boyd's im- mediate supervision the main building was completed and the grounds surrounding it tastefully laid out, and both curriculum and . the departments broadened into real uni- versity dimensions. Under his financial guidance the university obtained not only land for an admirable campus, but which promised to bring a valuable endowment. He gathered about him a faculty of younger and energetic young men and able educators, and obtained the cordial sup- port of both faculty and students.
In the founding and growth of Epworth University is illustrated the special genius of Oklahoma. As a denominational uni- versity of the Methodist church, it repre- sents both the northern and southern branches of the church, which, for the first time in this instance, have combined their support to maintain an institution that is a credit to both the church and the public. Epworth University has been so conducted that it has won the support of men of means throughout the state, and besides the regular income given by the church has been the recipient of liberal contributions from individuals. Oklahoma City has given this university loyal support, and under its chancellor, Dr. George H. Bradford, the institution is growing with the same rapid- ity that characterizes all Oklahoma activi- ties. The professional schools include a medical college, school of pharmacy, col- lege of law and college of dentistry. (See sketch of George H. Bradford in Vol. II.)
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APPENDIX.
THE FIRST STATE LEGISATURE. House of Representatives.
Democrats:
Adair, T. L. Rider, Stillwater.
Atoka, R. M. Rainey, Atoka.
Beckham, George C. Whitehurst, Sayre.
Bryan, A. F. Ross, Durant, and J. H. Bald- win, Sterrett.
Caddo, Frank Stephens, Apache, and C. C. Fisher, Hinton.
Canadian, M. B. Cope, El Reno.
Carter, Leo Harris, Ardmore, and J. F. McCance, Newport.
Cherokee, J. L. Manus, Tahlequah.
Choctaw, W. A. Armstrong, Boswell.
Cimarron, Frank L. Casteel, Jurgenson. Cleveland, J. Vanderveer, Noble.
Coal, G. W. O'Neal, Oconee. Comanche, J. Roy Williams, Lawton. Craig, E. J. Hobdy, Blue Jacket. Creek, W. D. Stone, Kiefer.
Custer, Howell Smith, Thomas.
Delaware, L. B. Smith, Grove.
Ellis, Elmer J. Jesse, Gage.
Garvin, W. M. Lindsey, Elmore, and Wm. Tabor, Hart.
Grady, Robert M. Johnson, Minco, and A. S. Riddle, Chickasha. Garfield, A. H. Ellis, Orlando.
Grant, J. N. Smith, Manchester.
Greer, G. W. Briggs, Granite, and Dr. Pen- dergraft, Hollis. Harper, J. W. Durst, Supply.
Haskell, Ed. D. Boyle, Chant.
Hughes, Edward Swengle, Wetumka.
Jackson, W. E. Banks, Hess.
Jefferson, Charles London, Hastings.
Johnston, W. H. Murray, Tishomingo. Kay, Logan Hawkins, Tonkawa, and Q. T. Brown, Braman.
Kiowa, J. T. Armstrong, Hobart, and J. Faulkner, Manitou.
Lattimer, James E. Stivers, Wilburton. LeFlore, Charles Broom, Braden. Lincoln, H. M. Jarrett, Stroud.
Love, J. R. McCalla, Marietta. Marshall, H. S. P. Ashby, Simpson. Mayes, H. M. Butler, Pryor Creek. Murray, M. Turner, Davis. Muskogee, A. J. Snelson, Oktah, and Fred B. Branson, Muskogee. McCurtain, William H. Harrison, Bok- homa.
McClain, Thomas C. Whitson, Purcell. McIntosh, W. B. Beck, Fawn.
Nowata, Bert Tillotson, Nowata. Ottawa, A. D. Martin, Miami.
Okfuskee, Thomas E. Wortman, Okema. Oklahoma, A. T. Early, Oklahoma City, and W. L. Ross, Edmond. Osage, J. B. Deyrerle, Romona.
Payne, P. A. Ballard, Coyle. Pontotoc, Frank Huddleston, Ada. Pottawatomie, Milton Bryan, Shawnee; W. T. Durham, Tecumseh, and W. S. Carson, Asher.
Pawnee, William Murdock, Ralston. Pittsburg, H. M. McElheny, Indianola, and J. L. Hendrickson, Quentin. Pushmataha, Ben Williams, Finley. Rogers, John F. Tandy, Chelsea. Roger Mills, Joseph Paschal, Rankin. Sequoyah, Winchester Allen, Salisaw. Seminole, J. B. Castain, Little. Stephens, W. B. Anthony, Marlow. Tillman, H. R. King, Davidson. Tulsa, C. L. Holland, Tulsa.
Texas, E. J. Earl, Goodwell.
Washington, A. F. Vandaventer, Bartles- ville.
Washita, David Smith, Cordell. Woods, W. F. Albot, Alva. Woodward, I. W. Hart, Woodward.
Bryan and Atoka, W. A. Durant, Durant.
Craig and Rogers. John Ezzard, Chelsea. Comanche and Stephens, Amiel H. Japp. Lawton. --
Caddo, Canadian and Cleveland, Ben Wil- son, Union City. Creek and Tulsa, W. E. Norville, Tulsa.
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HISTORY OF THE STATE OF OKLAHOMA
Johnston and Coal, C. A. Skeen, Wapa- nucka.
Pontotoc and Seminole, Edgar S. Ratliff, Ada.
Pittsburg and Hughes, Ben F. Harrison, Calvin.
Payne and Pawnee, George D. Hudson, Cushing.
Pottawatomie and Lincoln, H. G. Stet- mund, Chandler.
Sequoyah and LeFlore, E. A. Moore, Ok- lodge.
Washita and Custer, L. L. Reeve, Dill. Republican Members:
Alfalfa, W. H. H. Allen,* Goltry.
Beaver, Abel J. Sands, Knowls.
Blaine, W. H. Bowdre, Watonga.
Dewey, W. G. Smith, Seiling.
Garfield, J. M. Porter, Enid. Kingfisher, Harvey Utterbach, Kingfisher. Lincoln, James Lockwood, McLoud.
Logan, J. S. Shear, W. H. Chappell, Guth- rie, and Herbert E. Stagner, Coyle. Major, Joe Sherman, Estelle. Noble, Charles Frasier, Red Rock. Oklahoma, C. G. Jones, Oklahoma City, C. R. Day, Edmond. Okmulgee, W. C. McAdoo, Okmulgee. Wagoner, A. D. Orcutt, Coweta.
Alfalfa and Grant, J. B. Evans, Pond Creek. Garfield and Kingfisher, Eugene A. Wat- rous, Enid.
Members of the Senate.
Democratic Members:
Ist, J. S. Morrison, Hooker, and E. A. Agee, Putnam. 4th, Frank Matthews, Mangum.
5th, Thomas Moore, Oluskee.
6th, R. A. Billups, Cordell, and J. J. Wil- liams, Weatherford. 8th, P. S. Goulding, Enid. 9th, Edmund Brazell, Lamont, and Syl- vester Soldani, Ponca City.
Ioth, Henry S. Johnson, Perry. IIth, Clarence Davis, Bristow.
13th, M. F. Eggerman, Shawnee, and S. A. Cordell, Chandler.
14th, Roy Stafford, Oklahoma City, and W. H. Johnson, Calumet.
*Unseated.
15th, George O. Johnson, Fort Cobb, and L. K. Taylor, Chickasha.
17th, J. Elmer Thomas, Lawton, and D. M. Smith, Duncan. 18th, J. C. Graham, Marietta, and J. C. Little, Sulphur.
19th, R. P. Wynne, Lexington, and H. S. Blair, Katie.
20th, T. F. Memminger, Atoka, and Jesse H. Matchett, Meade.
21st, E. T. Sorrells, Milton.
22d, H. S. Holman, Wetumka.
23d, R. M. Roddie, Ada.
24th, W. P. Stewart, Antlers.
25th, W. M. Redwine, McAlester.
26th, W. M. Franklin, Madill.
27th, E. E. Brook, Muskogee, and Camp- bell Russell, Warner.
28th, P. C. Conn, Gans. 29th, J. M. Keys, Pryor Creek.
30th, E. M. Landrum, Tahlequah.
3Ist, J. P. Yeager, Tulsa.
33d, J. H. Strain, Wann.
Republicans:
3d, A. E. Updegraff, Fair Valley. 7th, R. S. Curd, Aline.
12th, Harper S. Cunningham, Guthrie. 16th, Emory D. Brownlee, Kingfisher.
32d, H. E. P. Stanford, Okmulgee.
COMPOSITION OF POPULATION IN INDIAN TERRITORY.
Some interesting lights on the composi- tion of the population of the old Indian Territory portion of Oklahoma are afford- ed in a study of the nativity of the 749 persons included in a biographical work on the Territory published in 1901. The persons represented were from nearly every section of old Indian Territory, were mostly heads of families, and "representa- tive citizens." It is fair to say, therefore, that the deductions drawn from a study of this group of citizens would be quite an accurate index of the nativity of the peo- ple who then composed the Territory's pop- ulation, the better and more substantial classes being under consideration.
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HISTORY OF THE STATE OF OKLAHOMA
It may be safely assumed that the aver- age age of the persons considered was at least thirty years, hence some opportunity is offered for drawing inferences in the fact that out of the 749 persons, 198, or more than 25 per cent, were born in In- dian Territory. Of these 198, only a com- paratively few were fullblood Indians, hence it appears that the fusion of blood had taken place not later than the decade of the sixties in the case of those who were of the mixed type; or on the other hand, the pure whites among the 198 natives belonged to families that had intruded in the Territory, in the majority of instances, soon after the war. The mere fact that over one-fourth of the whole number of persons represented were born in Indian Territory is remarkable, when we consider the persistency of the belief among the av- erage Americans that Indian Territory has been occupied by civilized people during only the last few years.
Next of interest aside from the con- sideration of the natives of Indian Terri- tory are those who came from the adjacent states. Texas furnished the largest quota of her natives, and it should also be said that a large number of those under consid- eration, though natives of other states, had resided in Texas before moving into In- dian Territory. Of the 551 citizens not natives of Indian Territory, 74 were na- tives of Texas, 40 of Arkansas, 39 of Mis- souri, and 15 of Kansas. Thus nearly a
third of those not natives of Indian Terri- tory were born in the contiguous states. Of the total of 749, 332 were born in states east of the Mississippi river or in foreign countries. Eight were born in Canada and eleven in foreign countries.
That the citizenship of the old Indian Territory was composed largely of south- ern stock is proved in the figures showing that 607 of the total number considered were born in southern states, including, for this estimate, Indian Territory. Of the immigrants to the territory, 409 were of southern nativity, against 142 from northern states and foreign countries.1
EDITORIAL COMMENT ON STATEHOOD AND THE CONSTITUTION.
As an extreme example of the editorial and news comment on the constitution that went the rounds of the press in opposition to the fundamental laws of Oklahoma, is an editorial that appeared in the Cincinnati Enquirer of July 10, 1907. It shows both partisanship in opinion and lack of first- hand information as to real conditions, but now that the questions involved have been settled, it is an interesting expression of the manner in which the constitution was opposed before the instrument was sub- mitted for the approval of the people. The editorial is as follows:
Unless the work is done by some person who has little else to occupy his mind the Oklahoma constitution seems to be beyond the bounds of analysis and explanation, except to say that it is
Illinois
25
California
2
Indiana
20
West Virginia
2
Texas
74
Louisiana
6
Kansas
15
Minnesota
1
North Carolina
14
Germany
1
Mississippi
51
Michigan
4
Pennsylvania
11
India
1
Arkansas
40
New Jersey
3
Missouri
39
Maryland
3
South Carolina
7
Spain
1
Georgia
38
Ireland
3
Iowa
6
Alabama
35 Vermont
3
Kentucky
31 Wisconsin
2
Virginia
19
Scotland
2
Tennessee 52
England
5
Canada
8 . Switzerland
1
749
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'The nativity of the 741 persons above consid- ered is shown in detail as follows:
Indian Territory .. .198 New York
6
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HISTORY OF THE STATE OF OKLAHOMA
a miserable botch, seemingly put together at hap- hazard by cowbows, "squaw men" and adven- turers from the states. A few editors have un- dertaken to comprehend and dissect it. If they are right in their conclusions and they do not seem to be moved by prejudice Oklahoma should not be admitted as a state until it has an intelli- gent and respectable organic law. The main ob- ject of all that has been done in the proposed combination of Oklahoma and Indian Territory for statehood is the booming of a few. upstart carpetbaggers for the principal offices in the pro- posed new state. If President Roosevelt could be justified in any of the acts of domination and boss- ism with which he has been charged it would be in simply ignoring or dictatorially overthrowing the work of the Oklahoma constitution makers and remitting the unprepared territories to an organ- ization wholly under the control of the federal government and leaving them to remain in a ter- ritorial condition until Congress takes serious hold of the situation.
There are many excellent and highly qualified people who have grown up with the territory, but in anticipation of statehood the territories seem to have been overrun by a lot of scalawag politi- cians from the states, who are up to all the tricks and who are reaching out for the best places in the public service, for which they are wholly unfit.
Added to this disadvantage is the conferring of citizenship on Indians and half-breeds, who are tolerable only because they are a little past the war dance and scalping stage of savagery. It was a great mistake to make this combination of Okla- homa and the Indian Territory. The people of the United States have still a great many "wards" who are not fit for any sort of citizen- ship. The association of the half-civilized with the white scalawags who are bent only on their own profit would make trouble even if the pro- posed new state had a sound and conservative con- stitution.
One writer says: "This foolish document de- limits counties and districts. It leaves absolutely nothing to the people either now or in the future with respect to this matter. Yet everybody knows that a few years may see the counties and districts which are now given prominence at the lowest de- gree in the progress of the state, and other coun- ties and districts which are now at the bottom raised to the top. This has happened so often in the history of the various states that Oklahoma positively makes itself ridiculous by trying to stop the hands on the dial plate of history. The most amusing part of this business is that the proposed constitution is voluminous on the subject of initia- tive and referendum, and yet it takes out of the hands of future voters for perhaps half a century
to come anything like an independent action on their own part with respect to the affairs in which they are certain to be most interested."
This is only a little of the current indictment of the new state scheme. It is doubtful if the new constitution guarantees a republican form of government. It smacks of an oligarchy. It looks like a protectorate of upstarts who think that gov- ernment is an institution for the promotion of private fortune.
There is no great demand in the country for the immediate admission of Oklahoma and Indian Territory. They would get along very well in a territorial condition for many years yet. The fel- lows who expect to get the pickings are the only ones who are in a hurry to add another star to the flag, with a "coopered-up" and unstatesmanlike organic law. Arizona and New Mexico have been kept out on account of a union that would violate primary principles and make the people forever unhappy. There is no more necessity for expedi- tion in the case of Oklahoma and Indian Terri- tory.
The states have rights, the most of them para- mount. The territories are under the direction of the federal government. Congress and the presi- dent should be not only cautious but defiant and severe.
The Oklahoma Constitution.
It has been rumored for several weeks that Speaker Cannon and other leaders of the national Congress were anxious to have the new Oklahoma constitution rejected by the president. The ru- mors have all centered about their alleged desire to keep Oklahoma out of the Union at least until after the next presidential election, so that its votes, which will certainly be Democratic, will not count at that time. The various reasons for re- jecting the constitution which have been men- tioned have all been stated incidentally, and there has been nothing to indicate that the objections went to the merits of the constitution itself.
It is not pleasant to credit any men in public life with purposes such as make the substance of these rumors, and it is all the more surprising that the rumors continue, since for the success of the plan there is involved the acquiescence of Pres- ident Roosevelt in the scheme, and the president, as is well known, was a strong advocate of the ad- mission of the territory.
It is true that the constitutional convention de- bated many articles which would certainly be of doubtful permissibility in a state which must ad- here to republican forms of government if it is to be a member of the Union. The president him- self warned the members of the convention that if they proposed to withdraw from the railroads the rights of protecting their own property which
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HISTORY OF THE STATE OF OKLAHOMA
other citizens and corporations enjoyed, then he could not give his approval. But the offending clauses were omitted and the danger of rejection thereby removed.
Since then we have been told in the main that the constitution is faulty because it includes nu- merous rules and regulations which are rather subject matter for legislative than for constitu- tional regulation. That may all be very true on a theoretical basis, but if the people of Oklahoma desire to have these matters safeguarded in their constitution certainly that is nobody's business except their own, and certainly it does not make their constitution any the less of a republican nature.
The tendency to more elaborate constitutions has been very marked throughout our history. The Illinois constitutions indicate it to some extent, though many other states have far outstripped us in this respect. In our statute book, while the federal constitution occupies six pages, the Illi- nois constitution of 1818 occupies nine, that of 1848 sixteen and that of 1870 twenty-four pages.
It is to be hoped that such rumors as are now current will promptly come to an end, for it is inconceivable that the president will reject the Oklahoma constitution on any such grounds as are suggested. If there are radical defects in the constitution, that of course will be another mat- ter .- Chicago Record-Herald, May 5, 1907.
Oklahoma's Radical Constitution.
The constitution recently adopted by the people of Oklahoma and the Indian Territory for the new state of Oklahoma is a document illustrating the changing political order. Quite irrespective of its merits it reflects admirably many charac- teristic tendencies of the day. The common sus- picion of corporation management and fear of corporate wealth, the more or less prevalent dis- trust of representative government and even of the judiciary, the growing belief in the effective- ness of pure democracy, the resentment against the saloon element and its political activities, are all embodied in its provisions. Indeed, the con- stitution as originally drawn was regarded by the convention leaders as providing so nearly a pure democracy that they feared it might be rejected by President Roosevelt on the ground that it con- travened the federal constitution's guarantee to each state of a republican form of government. Accordingly by amendment they restored to the legislature some of the power of which originally they had deprived it. But as it stands today the constitution is undoubtedly the most radical or- ganic law ever adopted in the Union. Some of its provisions were suggested by Mr. W. J. Bryan in a letter to the constitutional convention, and
its general tenor may perhaps be inferred from Mr. Bryan's assertion later, in a speech at Okla- homa City, that it was the best state constitution ever written. The disclosures of recent years re- garding the illegitimate methods of managers of great corporations evidently had deeply impressed the members of the convention. They deliberately set out to curb what they called the "incursions of predatory wealth"-especially those of stock- watering and monopolistic oppression. The most stringent measures were adopted to guard against these evils. A corporation commission was created, to be composed of three elective members. To this commission were granted large powers to compel the fullest publicity in corporation affairs, and to regulate the charges of public service cor- porations. Over-capitalization was forbidden, and a section was framed to prohibit the consolidation of incorporated concerns. Even should one cor- poration come into control of another to satisfy a debt, it must divest itself of the ownership within a specified period. An anti-discrimination provision was adopted intended to prevent a cor- poration from "clubbing" a competitor out of business by a temporary reduction in prices in a restricted field. It directs that no concern shall, "for the purpose of creating a monopoly or de- stroying competition in trade," discriminate be- tween persons or communities by selling at differ- ent prices, after making allowance for the cost of transportation. The state is expressly empowered to engage in any industry. This was intended to overcome the difficulty which Kansas encountered when it attempted to operate an oil refinery in its fight with the Standard Oil Company. The com- mon law relieving the employer from liability to employes through the carelessness of a fellow servant is abrogated, and the first legislature is directed to enact laws protecting employes. In various states the amount of damages recoverable from a corporation in the event of injury or death is limited by law. The Oklahoma legislature is forbidden to establish any such limitation.
Toward the commonly accepted theory of rep- resentative government the convention's attitude was profoundly distrustful. Its suspicion of legis- latures appears in the enormous mass of detailed instructions to future general assemblies with which it encumbered the organic law. On the posi- tive side it expressed its belief in the people by establishing the initiative and referendum through- out the state, including municipalities and other subdivisions. A petition of eight per cent of the voters may submit a proposed law to the people, and one of fifteen per cent a proposed constitu- tional amendment. A law enacted by the legisla- ture may be referred to the people by that body, or by a petition of five per cent of the voters. On
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the result of a vote by the people the governor may not exercise the veto. Similar provisions, as has been said, are extended to the minor political divisions of the state, and in cities franchise grants must be submitted to popular vote. Lest these provisions make the constitution unrepub- lican, the convention inserted an authorization to the legislature to repeal any law, on the assump- tion that it never would venture to tamper with a measure enacted by the people. To carry out fur- ther the democratic idea the legislature is in- structed to enact laws for a mandatory primary system for all officers, including United States senators. What is perhaps another instance of this same distrust of the people's agents mani- fested itself, too, in the provision that in orders of injunction and restraint persons charged with contempt for an act not committed in the pres- ence of the court should be punished only on a verdict by a jury. Such a procedure has long been generally favored by organized labor. The con- gressional enabling act required that the liquor traffic be prohibited for twenty-one years in that part of the new state comprised within the old Indian Territory. Because of this requirement the voters of the Indian Territory united with the Oklahoma Prohibitionists to impose prohibition upon the whole of the new state for the twenty- one-year period. State-wide prohibition was sub- mitted apart from the constitution, and while the returns were slow in coming in, the provision seems to have carried. Of the other multitudinous pro- visions of the constitution it may be noted as odd that so radical an instrument should have restrict- ed woman's suffrage to school elections. Two-cent railway fare is established unless the rate should prove confiscatory on any line. The governor is elected for four years and is ineligible to imme- diate reelection. To guard against interference in politics, corporations are forbidden to contrib- ute to campaign funds.
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